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Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India (Ninety-Third Amendment) Act, 2005 - Article 15(5); ;Central Educational Institutions (Reservation in Admission) Act, 2006 - Sections 2, 2(24), 3, 4, 5, 6, 9, 9(1), 10, 12, 13 and 55; ;Societies Registration Act, 1960; ;Civil Rights Act, 1964; ; Constitution of India (86th Amendment) Act; Constitution of India (42nd Amendment) Act; ;Madras Provincial and Subordinate Services Rule, 1942; Kerala State and Subordinate Services Rules - Rules 5 and 13AA; ;Constitution of India - Articles 3(4), 12 to 35, 38, 38(1), 38(2), 39, 41, 45, 46, 47, 51A, 51A(3), 109, 117, 136, 143(1), 162, 226, 227, 292, 323A2D, 323B3D, 325, 330, 332, 334, 337, 329A(4), 334, 335, 337, 340, 341, 341(1), 342, 358, 359, 366(24), 366(25), 368, 368(2) and 371D(5); Reciprocal Insurance A

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534; [2008] 4 SCR 1

We are conscious of the fact that any reservation or preference shall not lead to reverse discrimination. The Constitution (Ninety- Third) Amendment Act, 2005 and the enactment of Act 5 of 2007 giving reservation to Other Backward Classes (OBCs), Scheduled Castes (SCs) … oppose any form of reservation, few in independent India have voiced disagreement with the proposition that the disadvantaged sections of the population deserve and need 'special help'. But there has been considerable disagreement as to which category … abject poverty.4. Judge Lauterpacht of the International Court of Justice, writing in 1945, described the importance of the principle of equality in the following words:The

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Clause-5 in Article 15 in Part 3, Article 141, 19 (1) (g), 14, 15 (5), 16 (4A) (4B), 17, 21, 30 (1), 46 and Part XVI; Amendment Act, 2005; Constitution (Ninety-Third Amendment) Act 2005; UP Admission to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2006 - Section 4

of creamy layer from O.B.C. Four honourable judges on the Bench did not express any opinion whether the Constitution (Ninety-third Amendment) Act, 2005 was valid so far as private un-aided educational institutions are concerned and have left the question open. Hon'ble … 1. We have heard Shri Raj Kumar Pandey for the petitioner. Dr. Ashok … be held on 27.6.2008. 3. The decision of the University proceeded on the basis, and in compliance of Section 4 of the U.P. Admissions to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes)

Ashith Karthik Rao and Others Vs. The State of Karnataka and Others

Court : Karnataka

Subject : Education

applicable to aided minority schools is not correct. 47. In the result, we hold that the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article … submits that St.Mira's English School run by Public Education Society is declared as a minority educational institution under Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004 ('2004 Act' for short) on 8.5.2013. He … of India praying to call for records from the respondent Nos.5 to 11 for scrutiny by this Hon'ble court regarding the claim of the minority

Association of Private Dental and Medical Colleges and ors. Vs. the St ...

Court : Madhya Pradesh

Subject : Constitution

Reported in : 2009(3)MPHT418

in relation to admission in the light of Article 15(5) of the Constitution of India, inserted by the Constitution (Ninety-third Amendment) Act, 2005 and to provide for regulation of admission and determination of fees in private unaided professional institutions in the … has challenged the provisions of the Act, 2007 as ultra vires the Constitution in W.P. No. 1975/2008. Under Section 12 of the Act, 2007 the State Government has power to make rules and in exercise of such … are that in Unni Krishnan v. State of Andhra Pradesh : (1993) 1 SCC 645, a five Judge Bench of the Supreme Court held that

P.V.indiresan Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Central Educational Institutions (Reservation in Admission) Act, 2006; Constitution (Ninety-third Amendment) Act, 2005 - Section 2(g), 15(5) ; Constitution of India Article 16(4), 1(5), 21A.; Reservation Act

Kumar Thakur v. Union of India - (2008) 6 SCC 1. Background 3. The constitutional validity of the Constitution (Ninety-third Amendment) Act, 2005 as also the constitutional validity of CEI Act were considered and upheld by a Constitution Bench of this … concerned. 669. Act 5 of 2007 is constitutionally valid subject to the definition of Other Backward Classes in Section 2(g) of Act 5 of 2007 being clarified as follows: If the determination of Other Backward Classes by

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

not adequately represented in the services under the State. Article 16(6) inserted by the Constitution (One Hundred and Third Amendment) Act, 2019 enables the State to make provision for the reservation in favour of any economically weaker sections of … Act, 2000 has already been declared unconstitutional by the Five-Judge Bench in E.V. Chinnaiah as back as in 2005. Similarly, Section 4(5) of the Punjab Scheduled Caste and * (2005) 1 SCC39422 Backward Classes (Reservation in Services

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.3. Vide the Constitution (Ninety-third Amendment) Act, 2005, clause (5) was inserted in article 15 of the Constitution which enables the State to make special provision … 1 REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL/CIVIL APPELLATE JURISDICTION WRIT PETITION … been empowered, inter alia, to provide for a maximum of ten per cent. reservation for “the economically weaker sections”2 of citizens other than “the Scheduled Castes”3, “the Scheduled Tribes”4 and the non-creamy layer of “the Other Backward

Pramati Educational and Cultural Trustandors Vs. Union of India and or ...

Court : Supreme Court of India

Subject : Education

decide on the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with effect from 20.01.2006 and on the validity of Article 21A of the Constitution inserted by the Constitution … Compulsory Education Act, 2009 (Amendment Act, 2012) and by the amendment, it was provided in sub-section (4) of Section 1 of the 2009 Act that subject to the provisions of Articles 29 and 30 of the Constitution, the

Anjuman Ishaat-E-Taleem Trust versus the State of Maharashtra and Othe ...

Court : Supreme Court of India

Subject : Education

Reported in : [2025]9S.C.R.410

Right of Children to Free and Compulsory Education (Amendment) Act, 2017; The Constitution (Eighty-sixth Amendment) Act, 2002; The Constitution (Ninety-third Amendment) Act, 2005; Right of Children to Free and Compulsory Education Rules, 2010; The Special Rules for the Tamil Nadu School … of Notification No.61-1/2011/NCTE (N & S) dated 29th July, 2011 by the National Council for Teacher Education4 under sub-section (1) of Section 23 of the RTE Act read with the newly inserted proviso (second proviso) in Section 23(2)

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Subject : Land Acquisition

the above writ petitions, Articles 15 and 16 of the Constitution have been amended vide the Constitution (Ninety-third Amendment) Act, 2005, and the Constitution (Eighty- first Amendment) Act, 2000, respectively, which Amendment Acts have been the subject-matter of subsequent … belonging to the Reserved Category. (2) The seats reserved for candidates belonging to the Reserved Category under sub- section (1) shall be filled in by admitting candidates belonging to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),